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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the temporary sale of alcoholic beverages at certain |
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10 | 10 | | racing facilities. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 28.20(a), (b), (c), (d), (e), and (f), |
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13 | 13 | | Alcoholic Beverage Code, as added by Chapter 16 (S.B. 926), Acts of |
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14 | 14 | | the 88th Legislature, Regular Session, 2023, are amended to read as |
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15 | 15 | | follows: |
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16 | 16 | | (a) The holder of a mixed beverage permit may temporarily |
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17 | 17 | | sell distilled spirits, wine, and malt beverages in an area of a |
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18 | 18 | | facility with a seating capacity of more than 40,000 that is open to |
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19 | 19 | | the public and not otherwise covered by a license or permit during a |
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20 | 20 | | motor vehicle racing event sponsored by a professional motor racing |
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21 | 21 | | association or another event held at the racing facility. |
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22 | 22 | | (b) The holder of a mixed beverage permit may, under this |
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23 | 23 | | section, sell distilled spirits, wine, and malt beverages |
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24 | 24 | | [containing alcohol in excess of one-half of one percent by volume |
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25 | 25 | | but not more than 17 percent by volume] for consumption on or off |
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26 | 26 | | the premises where sold, but not for resale. |
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27 | 27 | | (c) The holder of a mixed beverage permit may temporarily |
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28 | 28 | | sell distilled spirits, wine, and malt beverages for not more than |
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29 | 29 | | five consecutive days at an event under this section or six days if |
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30 | 30 | | necessary to accommodate the postponement of scheduled [racing] |
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31 | 31 | | events due to an act of nature. |
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32 | 32 | | (d) The holder of a mixed beverage permit who temporarily |
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33 | 33 | | sells distilled spirits, wine, and malt beverages under this |
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34 | 34 | | section may not: |
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35 | 35 | | (1) [sell under this section at the facility more than |
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36 | 36 | | four times in a calendar year; |
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37 | 37 | | [(2)] sell alcoholic beverages in factory-sealed |
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38 | 38 | | containers; |
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39 | 39 | | (2) [(3)] sell more than two drinks to a single |
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40 | 40 | | consumer at one time; |
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41 | 41 | | [(4) sell alcoholic beverages at more than 50 percent |
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42 | 42 | | of the food and beverage concession stands that are open for |
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43 | 43 | | business at any one time;] or |
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44 | 44 | | (3) [(5)] sell alcoholic beverages after: |
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45 | 45 | | (A) 75 percent of the feature race is complete on |
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46 | 46 | | the day that race is held; or |
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47 | 47 | | (B) one hour before the scheduled completion of |
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48 | 48 | | the last spectator event on a day other than the feature race day. |
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49 | 49 | | (e) A holder of a mixed beverage permit who sells distilled |
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50 | 50 | | spirits, wine, or malt beverages under that permit in a county other |
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51 | 51 | | than the county in which the premises covered by the permit is |
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52 | 52 | | located shall: |
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53 | 53 | | (1) purchase the beverages from a distributor or |
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54 | 54 | | wholesaler authorized under this code to sell the beverages in the |
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55 | 55 | | county in which the permit holder sells the beverages under this |
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56 | 56 | | section; and |
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57 | 57 | | (2) report to the commission, in the manner prescribed |
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58 | 58 | | by the commission by rule, the amount of beverages purchased and |
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59 | 59 | | sold under this section, by type. |
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60 | 60 | | (f) The holder of a mixed beverage permit who temporarily |
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61 | 61 | | sells distilled spirits, wine, and malt beverages under this |
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62 | 62 | | section, or any officer, agent, or employee of the permit holder, |
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63 | 63 | | may allow a person to: |
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64 | 64 | | (1) possess and consume alcoholic beverages brought |
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65 | 65 | | onto the premises by the person; and |
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66 | 66 | | (2) remove from the premises any alcoholic beverages |
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67 | 67 | | brought onto the premises by the person. |
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68 | 68 | | SECTION 2. This Act takes effect September 1, 2025. |
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